K-1 visa & Remote work

[BWise 18]

Hello!

I've seen a few threads about this topic but the most recent one I've seen is 2013 so I wanted to get some answers that would be more recent.

I own and operate an extremely small (aka just me) virtual assistance business. Basically I do administrative work for other small businesses not as an employee but as another independent small business - I'm a virtual assistant.

Anyway, I'm Canadian and I've been approved for my K-1 visa (picking it up on Monday!) and I wanted to see if it's possible to continue my Canadian business while waiting on my work authorization and AOS in the US.

A few points that may be helpful:

- I'm a registered business in Ontario and I do not charge HST because I do not meet the HST threshold.

- my current client is Canadian business

- my client would be paying in Canadian funds and paying into my Canadian bank account

- my invoices to the client would be from my Canadian business address (until I can change over my business licence to a US one once I get my work authoritization).

Am I correct in saying this is completely legal? I am not taking away a job from USC I'm just continuing my Canadian business but I just happen to be sitting in the US.

Second question is: how does this work for tax purposes for 2016? I would claim this on my US tax forms as something like "worldwide income"?

[RobertM54 36]

1. I'm not an expert but I would be stunned if USCIS has anything to say about international income. The intent of the law is to protect American jobs.

2. Yes - worldwide income.

Is there an advantage to moving your business to USA? I would think you could operate indefinitely from Canada. I'm a real estate investor - I would look at it in the same way as recurring income from an investment property.

Edited January 30, 2016 by RobertM54

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about pre-AOS/EAD foreign employment~

[NikLR 13,232]

This is a grey area. Technically it's not illegal.

You will, however, be required to file taxes in both countries AGAIN if you make Canadian income.